Malfunction Theory Nixed In Suit Over Fatal Pa. Fire

Law360, New York (October 7, 2009, 5:45 PM EDT) -- Pennsylvania's Supreme Court has affirmed a victory for a spark detection system manufacturer in a product liability suit over a deadly particleboard plant fire, ruling that the plaintiffs can't rely on a malfunction theory because they hadn't shown that the defective condition existed prior to the accident.

The ruling, handed down Oct. 2 and published Wednesday, affirmed summary judgment in favor of GreCon Electronics Inc., which provided a spark detection system to Allegheny Particleboard Inc. in 1991 for use in its Mount Jewett, Pa., particleboard manufacturing...
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